KLA: Legislature fails to approve antitrust fix before adjourning

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The 2012 Kansas legislative session adjourned May 20 after the House and Senate passed a 2013 state budget that appropriated a $40 million increase for education while reducing overall expenditures 3% from the 2012 budget. State lawmakers failed to pass a bill to reapportion the Kansas House, Kansas Senate, U.S. House and State Board of Education districts. This issue is now before a U. S. District Court.

One of the last actions by the Legislature was a vote on a bill to address a May 4, 2012, Kansas Supreme Court ruling that said Kansas antitrust law did not allow the “reasonableness” test that’s part of the federal antitrust law. As a result, any marketing arrangement that sets a price or demonstrates any adverse effect on the marketplace, regardless of benefits, may be challenged. KLA and other business groups were actively pushing for the passage of SB 416 (originally SB 291) to prevent the courts from voiding contractual marketing arrangements if challenged under the new interpretation of the state Supreme Court. The House passed SB 416 on a 91-18 vote, but the Senate defeated the bill 19-16. Bills passing the Senate must have a minimum of 21 votes. This issue will be considered again during the 2013 legislative session.

Complete analysis of how bills approved by the 2012 Legislature will affect KLA members will appear in the July and August issues of the Kansas Stockman.

For more information visit www.kla.org.

 


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